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Florida Trademark Questions & Answers
1 Answer | Asked in Trademark for Florida on
Q: If a company has Status: 606 - Abandoned - No Statement Of Use Filed. Am I able to purchased the abandon trademark?
Tania Maria Williams
Tania Maria Williams answered on Mar 3, 2020

There are a few considerations with abandoned marks. First, what is the reason for abandonment? Here you say there is no statement of use filed which could mean that they never used the mark at all which would be good or that they just simply didn’t file the document, but are actually using the... Read more »

3 Answers | Asked in Trademark for Florida on
Q: I created a company that already had a trademark registered to a series of books. Could I create a trademark for apparel

Hello, I recently started a business in apparel. Initially, I had done a trademark search to see if it already existed so I could register it at a later date. When I did my research I saw that it was already registered under a series of books I didn't think this would be an issue. Later I read... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 9, 2020

In the current climate of branding and merchandising, it is not uncommon for a popular book series to venture into the merchandise space. This merchandise will usually include at least t-shirts like those sold on harrypottershop.com. If you have found that the mark for the series of books is being... Read more »

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1 Answer | Asked in Trademark for Florida on
Q: Please, how much time and money does it take to register a trademark?

Dear Lawyers,

I would like to register part of my company name as a trademark to prevent other companies from using it. I have carried out a search on uspto.gov and there is one record with a "cancelled" status.

I would like to know how much money and time it is going to take to... Read more »

Jason Brooks
Jason Brooks answered on Jan 24, 2020

This is difficult to answer with an exact cost because your registration depends on a variety of factors -- namely, how many marks and in how classes will you be registering? Basically, the USPTO charges a filing fee of $275 per mark, per class. In addition, an attorney charges their own service... Read more »

1 Answer | Asked in Trademark for Florida on
Q: Two different styles of clothing but share same word in brand name. Can that be an issue?

There's a brand called Public Rec, we're starting a brand called Public Order. Two completely different styles of clothing but could this potentially be an issue?

Keith Kanouse
Keith Kanouse answered on Jan 24, 2020

Pub Rec is a registered trademark for several classes of goods with 2 filings with the USPTO. You have no registration or application. You need to discuss this issue with a trademark attorney.

1 Answer | Asked in Trademark for Florida on
Q: hi is the name Lewis Hamilton Trademarked?

it says cancelled

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 2, 2020

There is a pending application

unless you are him or his attorney, you should not try to get it as it may be misappropriation of a famous image

talk to an attorney about your needs and plans

1 Answer | Asked in Trademark for Florida on
Q: The company Pundit Music Corp scam me out of $499 for a trademark name through PayPal. Paypal refused to refund my $

Because of their 180 day refund policy but the company says I would receive a certification in 1 yr and now this company isn’t answering calls, changed their email and phone number. How could I get my $ back? I purchased from a gift card I no longer have so I can’t go through the bank. PayPal... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2019

Try with your state attorney, AG, see if they can assist you

Q: I have a copyright on a particular drinking glass design, can I seek legal action if the design is manufactured and sold

I have other designs and I'm debating whether to seek copyright protection or a design patent.

Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

Yes, you should be able to seek legal action. Go see an intellectual property litigation attorney.

2 Answers | Asked in Trademark for Florida on
Q: I want to trademark my blog/instagram name. What is the best way to do this/start this process and how much will it cost
Linda Liang
Linda Liang answered on Dec 16, 2019

You can learn all about trademark on US patent and trademark office's website. Or you can hire an attorney to do it for you to avoid mistakes because it takes 6 months to hear from the government. A mistake is very costly in time sense.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Hi, Can someone take trademark one of my copyrighted design? Thank you
Bharath Konda
Bharath Konda answered on Oct 16, 2019

You can trademark your copyrighted design by incorporating this design on goods and/ or services in interstate commerce. Whether you will be awarded a trademark depends on prior use of the same or similar mark. To determine the availability you need a full trademark search of all databases. If you... Read more »

1 Answer | Asked in Trademark for Florida on
Q: If a trademark is listed as "Abandoned" (status - 606), does that mean someone else can use it?

If so, how does one go about doing it legally?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019

Brilliant observation

YES but not so fast

Just because it is abandoned in the USPTO system does not mean it is not in use

There may be some rights left for the owners

Consult with an attorney before you do anything

3 Answers | Asked in Trademark for Florida on
Q: Does “abandonment” mean this company is no longer trademarked and is able to be claimed by someone else ?
Jason Brooks
Jason Brooks answered on Jul 14, 2019

An abandoned mark is no longer registered within that particular class, so yes it’s available to another registrant but you’ll still have to prepare and file a new registration application with the USPTO to claim the mark.

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1 Answer | Asked in Trademark for Florida on
Q: What would be the cost of trademarking a name and a logo?
Evelyn Suero
Evelyn Suero answered on May 30, 2019

Attorneys fees vary, however the application fee{s) begin at $225 per trademark per class/category.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: If a trademarked name has a "Status710 - Cancelled - Section 8", does this mean it could possibly be available?

Available as in able to be taken and used on my own product, especially on product in an entirely different field of use?

Evelyn Suero
Evelyn Suero answered on May 24, 2019

A Section 8 Cancellation of a trademark registration occurs when a registrant fails to file a renewal of their trademark registration. However, whether a mark is available for use depends on many factors including whether the mark is currently being used. Cancellation of a trademark registration... Read more »

2 Answers | Asked in Business Law and Trademark for Florida on
Q: Hello, Im a motorcycle businessman Im following a brand serial 75153969, Im interested to acquire this brand.

To develop products for motorcycles. Currently the brand owned by another company is not active in any way. From my knowledge. What kind of lawyer do I need to carry out this? I am in the process of opening a company in the United States in the state of Florida.

Evelyn Suero
Evelyn Suero answered on May 24, 2019

You will need a trademark attorney to assist you with determining whether your use of the name would constitute infringement and with registration or licensing/purchase of the brand name. Just because a company is not active does not mean that the brand name is not being used as a trademark. For... Read more »

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2 Answers | Asked in Trademark for Florida on
Q: How do I trademark a business name?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on May 6, 2019

Business names are not eligible for trademarks. If you are using the business name is used in association with produce or service, then you may be eligible for a trademark. You should consult a trademark attorney. I offer free consults. https://calendly.com/ahajiamospllc/15min

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1 Answer | Asked in Trademark for Florida on
Q: My trademark is registration number 5151077 Someone registered it in Turkey am I protected Internationally?

Can you please let me know what I can do?

Griffin Klema
Griffin Klema answered on May 3, 2019

No, a US registration is limited to the US. You would need to follow the Madrid Protocol to secure trademark rights in other countries. If you are selling products in Turkey, and someone else has a registration, there are several things that need to be addressed (such as whether the person is... Read more »

2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Can I be sued personally for trademark infringement without the plaintiff first sending a cease and desist to my corp?

My company and it's name were created a few years before the name was trademarked by an individual/person. The individual used sloppy specimens showing use by his corporate entity with no similarity in word mark even shown, and again; filed as an "individual/person" but still got the mark. I never... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 29, 2019

Yes.

You may use your entity status as a defense. However, a plaintiff can choose to sue whomever they'd like.

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2 Answers | Asked in Patents (Intellectual Property), Probate and Trademark for Florida on
Q: My Grandfather is Warren Depperman, My name is Mario Depperman (Grandson). Does he own patients I could claim?
Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 23, 2019

It sounds like you're asking for an intellectual property search for your grandfather. If you'd like to search this for yourself, you should search for his assignments in the databases at the USPTO (https://portal.uspto.gov/pair/PublicPair) and the Library of Congress... Read more »

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2 Answers | Asked in Trademark for Florida on
Q: How much does it cost to get a trademark?

Posible logo or company name trademark

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 30, 2019

Varies.

I charge $250 for the first class/mark for the application. USPTO fees start at $225. The prosecution costs $500-$1,500, on average over the course of about 8 months. The more crowded the field and descriptive the mark is, the more expensive prosecution will be.

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1 Answer | Asked in Business Formation and Trademark for Florida on
Q: i have opend a company with the name of 10X construction am i breaking any trademark laws
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 27, 2019

Probably, not or yes.

It will depend if somebody is using it already.

You should have a consult and get a search and analysis of what is registered for the same type of service.

cheers

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